Fourth Circuit Court of Appeals Affirms Dismissal in Trademark Case

Thursday, June 30, 2016

The Fourth Circuit affirmed the Maryland District Court’s dismissal of a breach of contract claim relating to the defendant filing trademark applications in several foreign countries, allegedly in violation of a Worldwide Coexistence Agreement relating to the parties’ respective PERDUE and PERDIX marks:  “ongoing duties not to do business in Maryland do not demonstrate that [the defendant] purposefully availed itself of the privilege of doing business in Maryland.”  Perdue Foods LLC v. BRF S.A., 814 F.3d 185, 191 (4th Cir. Feb. 19, 2016).